The court holds that disputed factual issues regarding whether alternatives exist to a tri-county policy for controlling the flow of solid waste preclude summary judgment on whether the policy violates the Commerce Clause of the U.S. Constitution. The policy consists of county ordinances and a tri-c...
The court holds that §24(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a nurse's state-law negligence, strict liability, and breach of implied warranty claims against manufacturers of a disinfectant that allegedly caused the nurse's respiratory illness. Relying on t...
The court holds that a chemical processing plant owner that admitted liability for site cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) may not maintain a CERCLA §107 cost recovery action against its customers and past site owners. The court fi...
The court holds that Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) §24(b) preempts claims by partnerships engaged in cotton farming in Arizona against the manufacturers and a distributor of two defoliant chemicals for their alleged failure to warn about the risks of using the chemical...
The court holds that a defendant that brought a third-party action against other property owners seeking indemnity or contribution under §113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) failed to establish either a release of contaminants or causation neede...
The court holds that potentially responsible parties (PRPs) may sue other PRPs for response costs under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) rather than suing for contribution under CERCLA §113, and cities, county and garbage disposal districts...
The court holds that potentially responsible parties (PRPs) that spent $13 million cleaning up the Kin-Buc Landfill in New Jersey may be entitled to contribution under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §113 from PRPs that settled their liability to the U...
The court holds that absent a waiver of sovereign immunity, it lacks subject matter jurisdiction over defendants' counterclaims in the U.S. government's action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to recover response costs the government incurred a...
The court holds that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) bars potentially responsible parties' (PRPs') counterclaims against Pennsylvania arising from its cleanup efforts at the Drake Chemical Superfund site and the American Color and Chemical facility ...
A district court denies a motion to alter or amend, under Fed. R. Civ. P. 59(e) and 60, its judgments holding two owners and operators of a contaminated site liable for over $2 million in U.S. Environmental Protection Agency (EPA) response costs incurred at the site. The court first holds that it di...